Daily reports of what Examiner likes to call the “battle of the bulge” in publishing may have begun to confuse readers. The bulge (big, ugly, lovable, good, and enormous) stands for publishers tangling with Google, Amazon, Apple and the United States Department of Justice. The battle(s) has confused many with the exception of Conrad J. Jacoby. He recently wrote a sterling piece on real books versus eBooks that should be read by all (Jacoby). He’s a consultant on litigation. Meanwhile, the Albuquerque public library tells how to borrow from a stash of more than 600 electronic books (ABQLibrary). The library also still has real, printed books.
 

Most recently, Barron’s reported that Cowen & Co., an investment banking firm, figures that the impact of the battle has been overblown. Barron’s is a Dow Jones unit and recently quoted Examiner for having pointed out the humor in a book titled “Priceless” (Examiner) being Macmillan’s lead online promotion while it tangled with Amazon over eBook pricing. Others picked up the story, too. (Humor) To help complicate matters, Barron’s graciously published an Examiner comment: “You couldn’t pay me to read a book that doesn’t feel of paper and ink and conveys a warm smell from the presses.” Barron’s has now noted that Cowen & Co. expects Amazon to capture a large share of the eBook market. “We also expect physical book sales, in which Amazon has a leading market position, to significantly (gain).” – Copyright © Barron’s (Barron’s).
 

The New York Times reports that “Google’s e-book retail program would be separate from the company’s class-action settlement with authors and publishers over its book-scanning project. That settlement was recently “imperiled” by a filing from the Department of Justice that said it still had significant legal problems with the agreement, even after a round of revisions. The settlement is subject to court approval.”
 

The Justice Department reminded everyone in a press release that “The district court’s hearing on the proposed amended settlement agreement is scheduled to take place on Feb. 18, 2010.”
 

While the “Bulge” works out some compromises with the Justice Dept. and Amazon, and publishers admit to feeling better about their improved agreements for eBooks, the reading of Jacoby’s piece may improve readers’ understanding of the broader picture (Jacoby). For example, he points out the limitations a reader has with electronic books. He notes that a printed book is a physical object and under the long-established First Sale Doctrine, owners of these physical objects have the right to sell, give, or otherwise redistribute books as they see fit. This legal right supports a vibrant used book market as well as the informal practice of lending books to friends and colleagues: “Publishers and distributors of electronic books, however, are using an entirely different model for the distribution of their eBooks . . . As a consequence, this considerably limits what consumers can do with their new digital files.” Jacoby deals in legal facts and doesn’t carry the same pro-print prejudice as Examiner.
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